Kesha’s Court Battle Shows How We Utterly Fail Alleged Rape Victims

A New York City judge’s ruling is the latest blow against Kesha’s fight for freedom from her producer’s recording company.

A New York City judge has ruled pop star Kesha won’t be allowed an injunction against Dr. Luke (born Lukasz Gottwald), the producer whom she accused of drugging, raping and abusing her over 10 years of her career.

The “Tik Tok” singer had sought to nullify the contract, a six-album deal with Sony, because it brought her into contact with the accused. Without the injunction, Kesha is forced to continue working with Luke and his label Kemosabe Records owned by Sony — it’s either that or to stop recording at all.

“You’re asking the court to decimate a contract that was heavily negotiated and typical for the industry,” said Court Justice Shirley Kornreich to Mark Geragos, the attorney for Kesha, who burst into tears after the court hearing.

The New York Supreme Court judge heard arguments that Gottwald invested more than $60 million in Kesha’s career and had agreed to allow her to record without his involvement. The judge told Kesha’s attorney that the proposal has “decimated” his argument and added granting Kesha’s request would undermine state laws governing contracts and the court couldn’t do that.

Dozens of fans rallied outside of the courtroom in support of the shell-shocked musician and took up the chant of “Free Kesha Now!” as the weeping star emerged from the courthouse.

#Kesha's motion for preliminary injunction denied. "There has been no showing of irreparable harm. She’s being given opportunity to record."

The decision came in wake of the judge shooting down Kesha’s claim that Sony won’t promote her music if she is paired with a producer other than Dr. Luke, who is the recording company’s biggest hitmaker. Kesha’s attorney has called Sony’s offer to work with other producer “small steps” although they wanted complete separation from Gottwald.

“So we're going to move forward and we're going to get her that she doesn't have to be victimized repeatedly by this guy," Geragos said..

Dr. Luke and his recording company are also asking the court to drop the underlying case in which Kesha says Dr. Luke abused her psychologically and emotionally for a decade.

Christina Lepera, a lawyer for Dr. Luke, said the accusations against him were made solely to extort money and “gain contractual leverage.”

And this kind of cruel reaction is exactly why too many rape survivors live in fear— because of the way sexual assault cases are handled in public.

It is becoming increasingly difficult to bring justice to sexual assault cases, and far too often, victim blaming occurs by the public, press or court. The legalities leave vulnerable people in a virtual limbo where they cannot go on with their own lives and they have spectators questioning whether they are telling the truth.

This is a major reason why 90 percent of assault victims remain silent after an attack. Authorities also come to conclusions that a conviction is unlikely based on evidence and the victim is informed they do not have any legal grounds to stand on.

Meanwhile, Kesha’s career is on the line. As an artist, she's been unable to make any songs in the past two years and fears her brand value has declined irreversibly.